Xstrata Mangoola Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 46

Land and Environment Court New South Wales

Medium Neutral Citation: Xstrata Mangoola Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 46 Decision date: 28 March 2011 Jurisdiction: Class 3 Before: Pepper J Decision: Informal discovery of categories of documents ordered, with parties to bring in short minutes of order in conformity with the reasons for judgment and for the further timetabling of the proceedings. Catchwords: Procedure:- application for verified discovery - whether discovery available in Class 3 of the Court's jurisdiction - whether an order for discovery should be made - Court has the power to make an order for discovery in Class 3 - informal discovery ordered Legislation Cited: Civil Procedure Act 2005 ss 56 - 60 Environmental Planning and Assessment Act 1979 s 75J Land and Environment Court Rules 2007 r 3.7 Local Government Act 1993 s 526 Uniform Civil Procedure Rules 2005 r 21 Cases Cited: Darkingung Local Aboriginal Land Council v the Minister Administering the Crown Lands Act (NSW Land and Environment Court, unreported, 14 February 1991, Stein J) Gray v Macquarie Generation (No 3) [2011] NSWLEC 3 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2010] NSWLEC 207 Category: Procedural and other rulings Parties: Xstrata Mangoola Pty Limited (Applicant) Muswellbrook Shire Council (Respondent) Representation: Mr M Seymour (Applicant) Mr R Lovas (Respondent) Sparke Helmore Lawyers (Applicant) Lawyers Central Pty Ltd (Respondent) File Number(s): 30984 of 2010